I didn't do my PAIA manual or submission in time - now what?

The compliance burden on companies is never-ending. It feels like you're grinding just to pay SARS at the end of the year.

Because we're all busy running our companies, and don't have time to read the Government Gazette, you may not have heard about the June 30 PAIA submission deadline. Law firms and compliance companies are stirring panic about it, but our view is that the legislation has been misunderstood.

What is PAIA and what is everyone panicking about? 

PAIA is the Promotion of Access to Information Act, published in 2000. It is designed to make access to information easier and more transparent. For example, just last week we used PAIA law to secure CCTV footage from a mall parking lot where a client had been involved in a car accident. That CCTV footage will be crucial in proving the mall security guards were the cause of the accident. Without PAIA, we would have had a very difficult time forcing the company to give us the footage. But because PAIA prescribes heavy fines as well as criminal liability, it made it easier for us to gain access to this information.

How does PAIA compliance help my company? 

It doesn't. But, the day you want to sue a company for non-payment or damages, you may rely on PAIA to provide information about that company. PAIA compliance doesn't help you directly - it is just another burden on company owners - but failing to comply can result in heavy fines.

Do I really need to comply with PAIA? 

Here is where we differ from many of the law firms and compliance companies panicking about PAIA. Let's unpack what the Act really says.

Section 84(4) of the PAIA Act states that to allow the Human Rights Commission to furnish a report on entities to the National Assembly, the Information Regulator may request that the head of a private body (i.e. your company) file a PAIA report, and that company may file this report.

Then, recently the Information Regulator decided to publish its request that private companies file their reports by 30 June 2026.

Most law firms have interpreted that to mean that companies were legally obligated to file a report. Our view is different: the Legislature has all the power in the world to drafts Acts the way it wants to, using whatever wording it deems fit. If it truly intended to require private companies to file such reports, it could easily have done so. It is therefore our view that this filing is not a requirement.

However, this is where company owners must be practical. Although the law is ambiguous, it will be very expensive to fight the State in court on principle - and become the test case for the country. The pragmatic course of action therefore seems to be to rather do the filing.

What do I need to do to comply with PAIA? 

• Appoint one of your staff as an information officer

• Register with the Information Regulator

• Create a PAIA manual and publish it on your website

• Submit PAIA reports for 2026 and future years

The greatest tragedy is that every one of these issues is easy and cheaper to implement if you do it now - rather than spending a hundred times more litigating a dispute on it.  Our Commercial Retainer clients already have these benefits in place for their businesses. Find out more at  https://www.mayberyinc.co.za/retainer.

Kind Regards

Warwick Maybery

Director

The above information is for illustrative purposes only and does not take into account your specific circumstances. It therefore does not constitute legal advice. Please contact us for comprehensive advice to address your circumstances. Under no circumstances should any person use the above information in an attempt to circumvent the provisions of legislation or contract, or to cause damage to any other person. Always ensure you and your company are in compliance with the law in all dealings.

This information is accurate as of the date of publication.

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